Legal Updates for Students and Scholars

Information and resources regarding executive orders on immigration

Northeastern is a global university comprised of diverse identities, backgrounds, and beliefs. We embrace all members of our community, regardless of their national origin or religious affiliation. All members of our community who have immigration concerns should rest assured that Northeastern will continue to stand with you. Northeastern is committed to providing support and has charged an interdisciplinary cross-functional Immigration Executive Order team led by Madeleine Estabrook, Vice President for Student Affairs, and Jigisha Patel, Assistant General Counsel.

The information gathered here is intended to provide guidance and resources to all members of our community regarding immigration policies, executive orders on immigration, and the rescission of DACA. As Northeastern learns more information, we will continue to update this page.

DACA Update
On November 8, 2018, the Ninth Circuit Court of Appeals upheld a nationwide injunction imposed by a federal judge in the Northern District of California. A three-judge panel ruled unanimously in favor of a lower court's preliminary injunction against the Trump administration's attempt to phase out the DACA program.

The Trump administration has petitioned the Supreme Court to consider this issue immediately. Back in February 2018, the Supreme Court was asked to review this issue and denied the request for expedited review. Legal challenges against the Trump administration’s attempt to end the DACA program remain pending in several states.

Immigration Policy Update – Asylum Proclamation
On November 9, 2018, through a Presidential Proclamation, the Trump administration announced that the U.S. will suspend the granting of asylum to migrants who illegally cross the U.S.-Mexico border for up to 90 days. Migrants will have to present themselves at U.S. ports of entry to qualify for asylum. The Proclamation does not apply to unaccompanied children or individuals who entered the U.S. before the Proclamation went in effect.

The Trump administration is using the same authority it used when it issued the travel ban back in 2017. As you may recall, the travel ban was initially blocked by the courts and, after several revisions, it was ultimately upheld by the U.S. Supreme Court in June 2018.

Currently, federal law allows anyone on U.S. soil to petition for asylum, even if that person crossed the border illegally. U.S. law extends asylum protections to anyone who reaches the U.S. and expresses a credible fear of being persecuted in their home country.

Travel Ban Update
Since the Supreme Court’s decision in June 2018, a class action lawsuit was filed by 36 individuals against the federal government in the US. District Court for the Northern District of California. Plaintiffs are alleging that the Trump administration has failed to provide a “meaningful, orderly, and accessible process through which individuals…can demonstrate their eligibility for a waiver” under Presidential Proclamation No. 9645.

Similarly, another class action lawsuit was filed in the U.S. District Court for the Western District of Washington against the federal government. The lawsuit challenges the implementation of the waiver provision of Presidential Proclamation No. 9645.
Lastly, the plaintiffs in Hawaii v. Trump voluntarily dismissed their action in federal district court.
Northeastern will continue to monitor these situations closely and update this page as more information becomes available. Northeastern urges members of our community to reach out to any of the offices listed below in the “Resources” section for assistance.